Practice point: To establish the right to a preliminary injunction, a plaintiff must prove by clear and convincing evidence (1) the likelihood of ultimate success on the merits; (2) irreparable injury absent the granting of the injunction; and (3) a balance of the equities in the plaintiff's favor, pursuant to CPLR 6301.
Student note: The purpose of a preliminary injunction is to maintain the status quo, not to determine the ultimate rights of the parties.
Case: 19 Patchen, LLC v. Rodriguez, NY Slip Op 06636 (2d Dep't September 27, 2017)
Here is the decision.
